Wednesday, July 6, 2011

Proposed Changes To Hazardous Waste Recycling Requirements

The U.S. Environmental Protection Agency (EPA) has proposed new safeguards for recycling hazardous materials to protect public health and the environment. The proposed rule modifies EPA’s 2008 Definition of Solid Waste (DSW) rule, which revised hazardous waste regulations to encourage recycling of hazardous materials. The proposed rule is intended to improve accountability and oversight of hazardous materials recycling, while allowing f flexibility that will promote its economic and environmental benefits.

EPA is also releasing for public comment its draft expanded environmental justice analysis of the 2008 DSW final rule, which evaluates the rule’s potential impact on low-income and minority communities. EPA is also requesting public comment on the environmental justice analysis as well as on suggested changes received from peer review. The analysis and peer review comments will be available in the docket for this rulemaking once the proposal is published.

EPA’s re-examination of the 2008 DSW final rule identified areas in the regulations that could be improved to better protect public health and the environment with a particular focus on adjacent communities by ensuring better management of hazardous waste. The proposed rule includes provisions to address those areas through increased transparency and oversight and accountability for hazardous materials recycling. Facilities that recycle onsite or within the same company under the reduced regulatory requirements retained under the proposal would be subject to enhanced storage and recordkeeping requirements as compared to the 2008 rule. Companies that send their hazardous materials offsite for recycling would have tailored storage standards, while being required to send their materials to a permitted hazardous waste recycling facility. The proposed rule requires all forms of hazardous waste recycling to meet requirements designed to ensure materials are legitimately recycled and not being disposed of illegally.

EPA will accept comment on this proposal for 60 days after publication in the Federal Register.